Theft Flashcards
property offence under Theft Act 1968
Definition of theft
Theft act 1968 s.1(1):
“a person is guilty of theft if he dishonestly (s.2) appropriates (s.3) property (s.4) belonging to another (s.5) with intention to permanently deprive the other of it (s.6)”
AR of Theft
- appropriation (s.3)
- property (s.4)
- belonging to another (s.5)
- Appropriation
s.3 ‘treating the property as there own/any assumption of the rights of the owner’ - this includes destroying or selling it
R v Pitham and Hehl - sold friends funiture while he was in prison
R v Morris - switched label on items, hadn’t gone through till yet, still assumed rights
Lawrence - taxi driver took over payment from Italian student
Gomez - x2 checks known to be stolen used for payment, D (shop assistant) persuaded manager to accept - consent by deception
Hinks - acceptance of gifts from old man with low IQ, taken advantage (£60,000 + TV)
R V Pitham and Helh
sold friends furniture while he was in prison = assumed rights of the owner
R V Morris
switched price labels on items in shop, still hadn’t gone through checkout but appropriated property
Lawrence
Taxi driver took over-payment from Italian student, claimed he had consent to take wallet off of student an took £6 when fair was only 50p
Gomez
x2 Stolen cheques used as payment, D (the shop assistant) persuaded the manager to accept despite knowing that they were stolen - consent obtained by deception
Hinks
woman accepted £60,000 worth of gifts over 8 month period from elderly man with limited intelligence, taken advantage
- Property
s.4
a) MONEY - e.g. coins, banknotes, currency
b)REAL PROPERTY -
s.4(2)= a person cannot steal land EXCEPT where ownership rights are transferred OR things forming a part of the land e.g. soil, apples, rocks are taken
c)PERSONAL PROPERTY - e.g movable items; books, clothes, cars, jewelry
- R V Kelly and Lindsay = dead bodies held as as personal property
- R V Herbert (blood) and…
- R V Welsh (urine) = regenerative body materials still personal property
d)THINGS IN ACTION - a right that can be enforced against another e.g a debt/cheque
- R V Kohn - D accountant who wrote cheques to pay off his own debt
e)OTHER INTANGIBLE PROPERTY - rights which have no physical presence
-Oxford V Moss - student acquired proof version of exam, held that confidential info not property (not intention to deprive the uni of the piece of paper the Qs were printed on)
-AG for Hong Kong V Chan = export quota for textiles was intangible property that could be stolen
f)CANNOT BE STOLEN
-s.4(3) = plants growing in the wild (exceptions e.g from farmers orchard)
-s.4(4) = wild animals (unless captured)
Money
coins
banknotes
currency
Real Property
s.4(2)= a person cannot steal land EXCEPT where ownership rights are transferred OR things forming a part of the land e.g. soil, apples, rocks are taken
Personal property
books, clothes, jewelry, cars
- R V Kelly and Lindsay = dead bodies held as as personal property
- R V Herbert (blood) and…
- R V Welsh (urine) = regenerative body materials still personal property
Things in action
a right that can be enforced against another e.g a debt/cheque
- R V Kohn - D accountant who wrote cheques to pay off his own debt
Other intangible property
rights which have no physical presence
-Oxford V Moss - student acquired proof version of exam, held that confidential info not property (not intention to deprive the uni of the piece of paper the Qs were printed on)
-AG for Hong Kong V Chan = export quota for textiles was intangible property that could be stolen
property that cannot be stolen
s.4(3)wild plants
s.4(4)wild animals
Belonging to Another
s.5(1) ‘having possession or control, or having a proprietary right or interest’
s.5(2) Trust Property
Tuner No.2 = collected own car at night from garage, in their control = guilty
s.5(3)Property received under obligation -conditioned to deal with property in a certain way
Davidge V Bunnet = flatmates spent money meant for bills on xmas gifts instead
s.5(4)Property obtained by mistake -if fails to return, theft
AG’s Ref No.1 = police woman received over payment
Trust property
s.5(2) Trust Property
Tuner No.2 = collected own car at night from garage, in their control = guilty
Property held under obligation
s.5(3)Property received under obligation -conditioned to deal with property in a certain way
Davidge V Bunnet = flatmates spent money meant for bills on xmas gifts instead
Property obtained by mistake
s.5(4)Property obtained by mistake -if fails to return, theft
AG’s Ref No.1 = police woman received over payment
MR of theft
- Dishonesty
- Intent to permanently deprive
Dishonesty
s.2
3 situations when not dishonest;
s.2(1) believe they have a legal right - Holden
s.2(1)b) believe owner would consent
s.2(1)c) believe owner cant be found - Small
Dishonesty now defined by case of IVEY
Ivey test
1. what was D’s Knowledge/belief as to the facts?
2. was this dishonset accordiing to the standard of ordinary decent people?
Confirmed in Barton and Booth
Dishonesty
s.2
3 situations when not dishonest;
s.2(1) believe they have a legal right - Holden
s.2(1)b) believe owner would consent - Robinson
s.2(1)c) believe owner cant be found - Small
Dishonesty now defined by case of IVEY
Ivey test
1. what was D’s Knowledge/belief as to the facts?
2. was this dishonset accordiing to the standard of ordinary decent people?
Confirmed in Barton and Booth
Ivey Test
Dishonesty now defined by case of Ivey;
1. what was D’s Knowledge/belief as to the facts?
2. was this dishonest according to the standard of ordinary decent people?
Confirmed in Barton and Booth
Intention to permanently deprive
s.6
1. Disposing of property regardless of the others rights - Marshall
2. Dealing with property regardless of the others rights
3. Borrowing or lending maiking it equivelent to taking or disposal - Velumyl
Conditional intent = Eason (rumaged through bag looking for anything worth stealing, didnt actually take anything = no eveidence to permanently deprive)
